It’s not uncommon for children to suffer when their parents get divorced. It’s also not a rarity that children sometimes need better guardians than their parents. If you think both your parents fit that mold and are unfit to care for your sibling after their divorce, you might want to fight for custody.
In Texas, this process involves several steps and requires you to show that you can provide a better home for your sibling. Here’s what you need to know:
Showing your parents are unfit
First, you must prove that both your parents are unfit. You could show evidence of abuse, neglect, abandonment or other harmful actions. Texas courts focus on what’s best for the child, so your proof must show that staying with either parent would hurt your sibling.
Filing your request
Next, you must file a guardianship request in your sibling’s county. This request should explain in detail why you should get custody. You must show you can provide a stable, safe, nurturing home.
Meeting legal requirements
You must be an adult, usually 18 or older, to be eligible for custody. You must also show that you can meet your sibling’s needs, including food, clothes, housing, education and medical care. The court might order an investigation to check your home and your ability to care for your sibling.
Considering what’s best for your sibling
Texas courts use the “best interests of the child” standard to decide custody. They will look at many factors, including your sibling’s emotional and psychological needs, how stable your home is and your ability to care for your sibling overall. The court might also consider what your sibling wants if they’re old enough.
Getting legal help
Dealing with the legal system can be challenging, especially in complex custody cases. It’s a good idea to talk to a family law attorney who can guide you through the process and help you make a strong case. While you can file the request independently, having professional legal help can improve your chances of success.
Fighting for custody of a sibling in Texas requires careful planning and a clear understanding of the legal requirements. By proving your parents are unfit and showing you can provide a better home, you can make a strong custody case.
